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APPLICATION FOR ENCROACHMENT PERMIT
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TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA:
Pursuant'to the provisions of Ordinance No. 3140 New Series of the City of
Bakersfield, the undersigned applies for a permit to place, erect and/or maintain
an encroachment on public property or right of way as therein defined.
The,name and address of applicant is:
Mercy Healthcare Bakersfield
r.o. Dox 119, Bakersfield, CA 93302
The nature or description of the encroachment for which this appl~cation is made
is as follows: Canopy structure for new main entrance to hasp! tal.
The location of the proposed encroachment is:
2215 TruBtun Ave.
Mercy Hospital Bakersfield,
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Applicant agrees that if this application is granted, applicant will indemnify,
defend and hold harmless the City of Bakersfield, its agents, officers and
employees against and from all damages, judgments, claims, demands, expenses,
costs and expenditures, and against all loss or liability which the City of
Bakersfield or such officers, agents or employees may suffer, or which may be
recoverable from, or obtainable against the City of Bakersfield or such officers,
agents or employees, proximately caused by, growing out of or in any way
connected with the placing, erection or maint~nance of said encroachment, the
applicant further agrees to maintain the aforesaid encroachment during the life
of the said encroachment or until such time that this permit is revoked.
Applicant further agrees that upon the expiration of the permit for which this
application is made, if granted, or upon the revocation thereof by the City
Engineer, applicant will at his own cost and expense remove the same from the
public property or right of way where the same is located, and restore said,
public property or right of way to the condition as nearly may be in which it was
before the placing, erection, mainte~e or existence of said encroachment.
Date: 1~/7-lf/ 92-- G,f. ~~i:t:; /J.t
'. Signat ure of Applicant (Owne~ ~~1t~~~rrLcrt"i"V~)
A. Michael DePetro, Vice President
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PERMIT
I HERE,BY CERTtFY THAT "I' HAVE';~DE-~:~"INv<ESTIGATION':OF "tiEi FACTS-
STATED IN THE ~FOREGOING-'APPLICATION AND FIND THAT THE MAINTENANCE OF
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SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE
OF THE PUBLIC PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL
(NOT) CONSTITUTE A--HAZARD't<r--PERSONS"'USING -SAID PUBLIC PLACE,; SAID
APPLICATION IS THEREFORE (GRANTED)&-QNltIitD),.
Recornmenaea---DDr ~ppr wal:
Date: 20-JAN-93
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':'*{(, :APPROVED BY CITY COU L ON
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Bakersfield.
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No. 1186
Distribution:
Original - Applicant
Goldenrod - City Clerk
Yellow - Public Works
City of:
REV6/90
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Mercy Hospital
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January 12, 1993
City of Bakersfield
Departmentof Public Works
1501 Truxtun Avenue
Bakersfield; CA 93301
RE: Mercy Hospital- New Main Entry Project
Dear Sir:
Mercy Healthcare Bakersfield participates in the Catholic Healthcare West Se1f-
Insurance Program which includes $1,000,000 protection for covered general
liability losses caused by Mercy Healthcare Bakersfield's negligence. This
program will protect Mercy Healthcare Bakersfield for operations at Mercy
Hospital, 2215 Truxtun Avenue, for the year June 1, 1992, through May 30,
1993,
Please do not hesitate to contact me at (805) 632-5574 if you have any questions,
Sincere1 y ,
-I~~
Teresa Ramos, Manager
Internal Audit/Risk Management
TR:93-13
c, CHW Risk Management Dept.
Pat Jacobs, Facilities Mgmt:- .
2215 Truxtun Avenue
P.O. Box 119
Bakersfield, CA 93302
(805) 327~3371 FAX (805) 327-2592
A Division of Catholic Healthcare West ~
TO: Honorable Mayor and City Council
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MEETING DATE:
January 20, 1993
AGENDA SECTION:
New Business
AGENDA ITEM:
12. d.
FROM:
Ed Schulz, Public Works Director DEPARTMENT HEAD
DATE:
January 7, 1993 CITY ATTORNEY
CITY MANAGER
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SUBJECT: Application for Encroachment Permit from Mercy Hospital for a
canopy structure within the public right-of-way. (Ward 2)
RECOMMENDATION: Staff recommends approval of the Encroachment Permit.
BACKGROUND: The latest expansion to Mercy Hospital at 2215 Truxtun Avenue
is currently under construction. This expansion will create a new main
entrance with both vehicular and pedestrian access from Truxtun Avenue.
The new main entrance is proposed to have a canopy structure in which a
portion of this structure is within public right-of-way.
Mercy Hospital has recently erected the column support for the proposed
canopy within the public right-of-way. Our records indicate no permit was
issued for this encroachment but that an application for a permit was
filed in February 1991. Although application was made, no permit was
'issued. It appears that Mercy Hospital was under the assumption the
permi t was approved or that the contractor was unaware a permit was
necessary. In any event, further work has been terminated wi thin the
public .right-of-way until the matter is resolved.
Mercy Hospital has again filed an application for an encroachment permit
to allow a portion of a canopy structure to be placed within the public
right-of-way. In accordance with Section 12.20.035 of the Municipal Code,
the City Council must approve an encroachment permit for a substantial
portion of a building within public right-of-way.
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In addition to the canopy, curbs, gutters, sidewalk and driveways will be
reconstructed near the new main entrance. Staff review indicates there
will be sufficient sidewalk area for pedestrian activity and that the
encroachment will not pose a problem to the movement of vehicular traffic.
We do however recommend Mercy Hospital provide evidence of insurance in
the event of bodily injury or property damage caused by the encroachment
per Section 12.20.020C of the Municipal Code.
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